Shasta County Municipal Code Ch. 8.20 Garlic Production Pest Protection

The purpose of this chapter is to protect the garlic growing industry of the Fall River Valley in the county from the introduction and spread of certain serious and detrimental pests of garlic.

(Ord. 494-327 (part), 1987: prior code § 3360)

For the purpose of this chapter, the following definitions shall apply:

"California certified seed garlic" means garlic propagation stock eligible for certification under the regulations of the California Department of Food and Agriculture as California certified seed garlic.

"Certified garlic grower" means a grower of garlic who makes application to certify garlic under Agriculture Code No. 3043 through No. 3048.

"Commercial garlic grower" means all other garlic growers not defined by "certified garlic grower" who produce garlic for sale.

"Commissioner" means the agricultural commissioner for the county.

"Fall River Valley" means that portion of the county lying within the following boundaries: beginning at the NE corner of the county, then southerly to the township line common to T35N and T36N, thence westerly along said township line to the range line common to R3E and R4E; thence northerly along said range line to the county line common to Modoc County and Shasta County, thence easterly along said county line to the point of beginning.

"Garlic" means Allium sativum or "elephant garlic" means Allium ampheloprosum.

"Infested area" means a location where a pest has been found. Infested areas shall be no smaller than one-quarter acre in size.

"Leek" means Allium porrum.

"Onion" means Allium cepa.

"Person" means any person, entity, corporation, partnership, association, or body politic.

"Pest" means any of the following:

A. Any infectious, transmissible or contagious disease of any plant or disorder of any plant which manifests symptoms or behavior which the commissioner, after investigation and hearing finds and determines is characteristic of an infectious, transmissible or contagious disease which is or which the commissioner has reasonable cause to believe to be dangerous or detrimental to the production of garlic in the Fall River Valley;

B. Any form of animal life, or vegetable life, which the commissioner, after investigation and hearing, finds and determines is or which the commissioner has reasonable cause to believe may be dangerous or detrimental to the production of garlic in the Fall River Valley;

C. Stem and bulb nematode (ditylenchus dipsaci);

D. White rot fungus (sclerotium cepivorum).

"Shallot" means Allium ascalonicum.

(Ord. 494-327 (part), 1987: prior code § 3361)

Any person desiring to plant garlic within the Fall River Valley shall apply in writing to the commissioner for a permit to plant garlic. The application form shall be prescribed by the commissioner. The board of supervisors may establish by resolution a fee to be paid by each applicant. If the commissioner, after investigation, determines that the garlic is free of pests, he shall issue a permit authorizing the applicant to plant the garlic.

(Ord. 494-327 (part), 1987: prior code § 3364)

A. No person shall plant, grow or maintain any garlic plants in the Fall River Valley which are infested or infected with a pest or which there is reasonable cause to believe are infested or infected with a pest, except yellow-striped virus of garlic.

B. All certified and commercial garlic growers shall not grow garlic in the same location in the Fall River Valley two successive years.

C. If an infested or infected area is identified in the Fall River Valley, garlic, onion, shallot, and leek shall not be grown in the infested area for three seasons.

D. If an infested or infected area is identified in the Fall River Valley, garlic from such infested area shall not be replanted in the Fall River Valley.

(Ord. 494-327 (part), 1987: prior code § 3362)

The commissioner may, whenever he deems it necessary, inspect planted garlic, garlic intended for planting, any premises, land, machinery or thing in order to determine the existence of pests. All certified and commercial garlic shall be inspected.

(Ord. 494-327 (part), 1987: prior code § 3363)

When the commissioner finds any garlic in the Fall River Valley to be infested or infected with any pest, he may proceed under Agriculture Code No. 5401 et. seq.

(Ord. 494-327 (part), 1987: prior code § 3365)

Any violation of the provisions of this chapter is a misdemeanor punishable by a fine of not more than five hundred dollars or by imprisonment in the county jail for a period not to exceed six months, or by both such fine and imprisonment.

(Ord. 494-327 (part), 1987: prior code § 3366)